Our Privacy Policy

This Privacy Policy explains what personal data is collected when you use the Nooka mobile application ("App") and related services (together with App, the "Services"), how such personal data will be used, shared or otherwise processed.

BY USING THE SERVICES, YOU PROMISE US THAT (I) YOU HAVE READ, UNDERSTAND AND AGREE TO THIS PRIVACY POLICY, AND (II) YOU ARE OVER 14 YEARS OF AGE (OR HAVE HAD YOUR PARENT OR GUARDIAN READ AND AGREE TO THIS PRIVACY POLICY FOR YOU). If you do not agree, or are unable to make this promise, you must not use the Services. In such case, you must (a) delete your account using the functionality found in "Settings" in App, or contact us and request deletion of your data; (b) cancel any subscriptions using the functionality provided by Apple if you subscribed via App Store; and (c) delete App from your device(s)."GDPR" means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data."EEA" includes all current member states to the European Union and the European Economic Area."Process", in respect of personal data, includes to collect, store, and disclose to others.

Last Updated on January, 16, 2025

Categories of personal data we collect

We collect data you give us voluntarily (for example, when you set your listening preferences, name, email). We also may receive data about you from third parties (for example, when you sign in via Apple). We also collect data automatically (for example, your IP address, activity logs) and use third-party service providers for such collection.In particular, we collect:

1.1 Your listening preferences and history

1.2 Name and email address

1.3 Device language settings

1.4 IP address and time zone

1.5 Device type, model, and settings

1.6 Operating system information

1.7Internet service provider and mobile carrier details

1.8 Hardware ID and other unique identifiers (such as IDFA and AAID)

1.9 Usage data and interaction statistics

1.10 Payment information (processed by our payment providers)

We process your personal data:

We may use the information we collect from you for various purposes, including:

2.1 To provide our Services

This includes enabling you to use the Services in a seamless manner and preventing or addressing Service errors or technical issues.

2.2 To customize your experience

We process your personal data, such as listening preferences, to adjust the content of the Services and make offers tailored to your personal preferences. As a result of such processing, we will show in App more audio content from your preferred categories.

2.3 To manage your account

We process your personal data to secure your accessing personal account and send you technical notifications or emails about the performance of our Services, security, payment transactions, and policy updates.

2.4 To communicate with you regarding your use of our Services We communicate with you, for example, by push notifications or emails. These may include reminders and motivational messages encouraging you to continue listening, or other information about the Services. As a result, you may, for example, receive a push notification every day at a particular time reminding you to listen. To opt out of receiving push notifications, you need to change the settings on your device. To opt-out of receiving emails, you should click unsubscribe link in the footer of our email.

2.5 To provide you with customer support

We process your personal data to respond to your requests for technical support, Service information, or to any other communication you initiate. For this purpose, we may receive your email address and other information you provide to us.

2.6 To research and analyze your use of the Services This helps us to better understand our business, analyze our operations, maintain, improve, innovate, plan, design, and develop the Services and our new products. We use such data for statistical analysis purposes, to test and improve our offers. This enables us to better understand what features our users like more, what categories of users use our Services. As a consequence, we often decide how to improve the Services based on the results obtained from this processing.

2.7 To send you marketing communications

We process your personal data for our marketing campaigns. We may add your email address to our marketing list. As a result, you will receive information about our products, such as special offers. If you do not want to receive marketing emails from us, you can unsubscribe following instructions in the footer of the marketing emails.

2.8 To personalize our ads

We and our partners use your personal data to tailor ads and possibly even show them to you at the relevant time. For example, if you have installed our App, you might see ads of our products in your Facebook's feed.How to opt out or influence personalized advertising:iOS: On your iPhone or iPad, go to Settings > Privacy & Security > Apple Advertising and deselect Personalized Ads.Android: To opt-out of ads on an Android device, go to Settings > Privacy > Ads and enable Opt out of Ads personalization.

2.9 To process your payments and refunds

We provide paid products and/or services within the Services. For this purpose, we use third-party services for payment processing (for example, payment processors). As a result of this processing, you will be able to make a payment for a subscription and we will be notified that the payment has been made.We will not store or collect your payment card details ourselves. This information will be provided directly to our third-party payment processors.

2.10 To enforce our Terms and Conditions of Use and to prevent and combat fraud

We use personal data to enforce our agreements and contractual commitments, to detect, prevent, and combat fraud. As a result of such processing, we may share your information with others, including law enforcement agencies (in particular, if a dispute arises in connection with our Terms and Conditions of Use).

2.11 To comply with legal obligations

We may process, use, or share your data when the law requires it, in particular, if a law enforcement agency requests your data by available legal means.

Under what legal bases we process your personal data (applies only to EEA-based users)

We process your personal data under the following legal bases:

3.1 Your consent

Under this legal basis we will send you marketing emails. You have the right to withdraw your consent at any time by clicking on unsubscribe link in the footer of our marketing emails.

3.2 Performing our contract with you

Under this legal basis we:Provide our ServicesCustomize your experienceManage your account and provide you with customer supportCommunicate with you regarding your use of our ServicesProcess your payments

3.3 Legitimate interests

We rely on legitimate interests:To communicate with you regarding your use of our ServicesTo research and analyze your use of the ServicesTo send you marketing communicationsTo personalize our adsTo enforce our Terms and Conditions of Use and to prevent and combat fraud

3.4 Compliance with legal obligations

With whom we share your personal data

We share information with third parties that help us operate, provide, improve, integrate, customize, support, and market our Services:

4.1 Service providers

We share personal data with third parties that we hire to provide services or perform business functions on our behalf:

- Mobile app marketplaces (Apple App Store)

- Cloud storage providers

- Data analytics providers (Firebase, Amplitude)

- Marketing partners (Facebook, Google)

- Payment processing providers (Stripe, PayPal)

- Communication service providers

4.2 Law enforcement agencies and other public authorities

We may use and disclose personal data to enforce our Terms and Conditions of Use, to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others, and to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities.

4.3 Third parties as part of a merger or acquisition

As we develop our business, we may buy or sell assets or business offerings. Customers' information is generally one of the transferred business assets in these types of transactions. We may also share such information with any affiliated entity and may transfer such information in the course of a corporate transaction or bankruptcy.

How you can exercise your privacy rights

To be in control of your personal data, you have the following rights:

- Accessing / reviewing / updating / correcting your personal data

- Deleting your personal data

- Objecting to or restricting the use of your personal data

Additional information for EEA-based users:

- The right to lodge a complaint with supervisory authority

- The right to data portability

To exercise any of your privacy rights, please contact us at [admin@nookapod.com].

Age limitation

We do not knowingly process personal data from persons under 16 years of age. If you learn that anyone younger than 14 has provided us with personal data, please contact us.

International data transfers

We do business globally. We may transfer personal data to countries other than the country in which the data was originally collected. If these countries do not have the same data protection laws as the country in which you initially provided the information, we deploy special safeguards.

In particular, if we transfer personal data originating from the EEA to countries with not adequate level of data protection, we use one of the following legal bases:

- Standard Contractual Clauses approved by the European Commission

- The European Commission adequacy decisions about certain countries

Changes to this Privacy Policy

We may modify this Privacy Policy from time to time. If we decide to make material changes to this Privacy Policy, you will be notified through our Services or by other available means and will have an opportunity to review the revised Privacy Policy. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Supplemental notice for California residents

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (the "CCPA"). The CCPA provides California residents with the right to know what categories of personal information we have collected about them and whether we disclosed that personal information for a business purpose in the preceding twelve months.

Categories of Personal Information Collected:

- Identifiers

- Personal information categories listed in Cal. Civ. Code § 1798.80(e)

- Commercial information

- Internet or other electronic network activity

- Geolocation data

- Inferences drawn from other personal information

For purposes of the CCPA, we do not "sell" personal information, nor do we have actual knowledge of any "sale" of personal information of minors under 16 years of age.

Data retention

We store your personal data for as long as it is necessary to provide you with our Services. In some cases we may be obliged to store your data for a longer time, for example, where this is required by applicable laws. In this case, we will ensure that your personal data will continue to be processed in accordance with this Privacy Policy.

When we no longer need to process your personal data, we will delete or anonymize it. If this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.

Security

We use appropriate technical and organizational measures intended to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%.

These measures include:

- Encryption of data in transit and at rest

- Firewalls and access controls

- Regular security assessments

- System monitoring and intrusion detection

- Regular backups

- Security training for employees

Contact us

You may contact us concerning our Privacy Policy through the following methods:

- Email: [admin@nookapod.com]

- Postal Address: [UNIT 1021, BEVERLEY COMM,CENTRE, 87-105 CHATHAM RD,SOUTH, TSIM SHA TSUI,HONG KONG]

- Phone: [+85264339131]

Definitions

For the purposes of this Privacy Policy:

"Personal Data" means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means.

"Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.